Minor ALR Hearings

Is a minor entitled to an ALR hearing?

A minor is entitled to an ALR hearing. The minor must request the hearing within 15 days of receiving written notice or their license will be automatically suspended.

What is the government’s burden of proof at the ALR hearing?

In a Breath/Blood Alcohol Test Refusal Case the State must prove by a preponderance of the evidence that:

1. The law enforcement officer had reasonable suspicion to stop the minor or probable cause to arrest the minor;
2. The law enforcement officer had probable cause that the minor operated a motor vehicle in a public place while intoxicated or operating a watercraft powered with an engine having a manufacturer’s rating of 50 horsepower or above while intoxicated;
3. You were placed under arrest and the law enforcement officer offered the minor an opportunity to provide a specimen of breath or blood under the provisions of Tex. Trans. Code Ann. Ch. 724; and
4. The minor refused to provide a specimen on request of the officer.

In a Breath/Blood Alcohol Test Failure Case the State must prove by a preponderance of the evidence that:

1. You had an alcohol concentration of a level specified in Section 49.01 Texas Penal Code, while operating a motor vehicle in a public place; and
2. The law enforcement officer had reasonable suspicion to stop you or probable cause to arrest or take you into custody existed.

The State may also use the DUI standards to suspend a minor’s driver’s license. In those cases the State must prove by a preponderance of the evidence that:

1. The defendant was a minor and had any detectable amount of alcohol in his/her system while operating a motor vehicle in a public place; and
2. Reasonable suspicion to stop the minor or probable cause to arrest or take the minor into custody existed.

What are the lengths of suspension for a minor’s driver’s license?

If the minor refused to provide a specimen following an arrest for an offense prohibiting the operation of a motor vehicle or watercraft while intoxicated, while under the influence of alcohol, or while under the influence of a controlled substance, the suspensions are as follows:

180 day suspension        First Offense

2 year suspension    If previously suspended for failing or refusing a specimen test or previously suspended for a DWI, Intoxication Assault or Intoxication Manslaughter conviction during the 10 years preceding the date of arrest.

If the minor provided a blood or breath specimen with an alcohol concentration of 0.08 (or any detectable amount of alcohol) or was not requested to provide a specimen following an arrest for an offense under Section 106.041 Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08, Penal Code, involving the operation of a motor vehicle, the suspensions are as follows:

60 day suspension        First Offense

120 day suspension

If previously convicted of an offense under Section 106.041, Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08 Penal Code, involving the operation of a motor vehicle.

180 day suspension

If previously convicted twice or more of an offense under Section 106.041 Alcoholic Beverage Code or Sections 49.04, 49.07, or 49.08, Penal Code, involving the operation of a motor vehicle.